V S Texmills (P.) Ltd. v. ACIT (2025) 305 Taxman 208 (Guj)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Once resolution plan was approved and demand raised by Income Tax Department was not claimed in said resolution plan-Dues, if not forming part of resolution plan, would stand extinguished and no proceedings in respect of such dues for period prior to date on which adjudicating authority (NCLT) granted its approval under section 31 could be continued-Recovery notice issued by Assessing Officer was quashed and set aside [S. 270a, 271 AAC, Insolvency and Bankruptcy Code 2016, S.31, Art. 226]

Corporate debtor was undergoing insolvency resolution process under Insolvency and Bankruptcy Code, 2016. NCLT had approved resolution plan submitted by corporate debtor. Assessing Officer issued recovery notice raising demand pursuant to penalty order passed under section 270A as well as demand raised pursuant to penalty order passed under section 271AAC. On writ the Court held that  once resolution plan was approved and demand raised by Income Tax Department was not claimed in said resolution plan, such dues, if not forming part of resolution plan, would stand extinguished and no proceedings in respect of such dues for period prior to date on which adjudicating authority (NCLT) granted its approval under section 31 could be continued. Recovery notice issued by Assessing Officer was  quashed and set aside. (AY. 2017-18)

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